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Henry Okah’s Trial: Federal High Court judge Subpoena Obasanjo, Kingibe, MD of Shell, AGIP, Chief of Army Staff, DG SSS and others

July 5, 2008
As the trial of Henry Okah’s commences on Monday July 7 2008 at the Federal court in Jos, lawyers to Okah have succesfully issued Subpoena ad Testificandum (witness summons) on key Nigerian officials and oil company executives to testify in the trial.

In a subpoena issued at the Federal High Court, copies of which were obtained by Saharareporters, lawyers are seeking documents from former president Olusegun Obasanjo regarding allegations pertaining to him which are contained in series of charges filed against Okah, the leader of the militant Movement for the Emancipation of Niger Delta (MEND).
 
 Okah who was deported from Angola last February was charged with treason, weapon possession and terrorism, all felony charges that carries the death penalty.
 
Specifically, Obasanjo has been subpoenaed to provide documents on the allegation that the accused intimidated him while he was the President and Commander-in-Chief of the Armed Forces. As well as documents and military signals involving 1999 directive granted the military to invade  Odi, Bayelsa State.

According to the subpoena, Alhaji Babagana Kingibe, the Secretary to the federal government has been subpoenaed to provide documents authorizing the deportation of Mr. Okah and Edward Atatah from Angola in addition to international passports belonging to Okah that was collected from the Angolan government by the Nigerian government.  Further, the subpoena seek the report of the investigation conducted by the Angolan government which exonerated Okah of arms trafficking, documents relating to the shipping vessel, which Okah wanted to purchase in Angola, a copy of the Nigerian Environmental Standards, Okah’s permanent resident issued by the South African Government on 13th March, 2007 and documents relating to the N200 million allegedly paid as ransom money for the release of kidnapped AGIP officials.

The subpoena also seek from the Chief of the Nigerian Army certified true copy (ies) of the record of proceedings of the “Military Court Martial” which tried and are trying military officers who supplied arms and ammunition to armed groups in the Niger Delta. Also being sought by the subpoena is the list of military officers retired or dismissed for supplying arms and ammunition to armed groups in the Niger Delta in the last five years.

According to the subpoenas signed by the federal judge, the managing director of Shell Petroleum Development Company Nig. Ltd. will provide the court with the list of arms and ammunition acquired by  Shell Petroleum Development Company Nig. Ltd. from 1994 – 2008 as well as all correspondences between Shell Petroleum Development Company Nig. Ltd. and the Inspector-General of Police on acquisition of arms and ammunition and upgrade of weapons by the company.Alos subpoenaed is Shell's Gas Flaring Policy document and details of the profits made by Shell Petroleum Development Company Nig. Ltd. in the Niger Delta in the last 50 years.

The subpoena dated July 5, 2008 seeks from the Accountant –General of the Federation a cheque for the outstanding sum of N223 Billion owed Niger Delta Development Commission by the Federal Government.

 Another oil major executive, the Managing Director of AGIP Oil Company Ltd. is being sought to provide documents relating to the N200 million allegedly paid as ransoms money to militants.

The State Security Service (SSS) is actively being sought by the subpoena to for documents recovered from the residence of Okah when it was searched in his absence by operatives of state security service. Subpoena also listed the production of Mr. Bassey Umoren in court and documents and Security reports relied upon by the government to justify in-camera trial of Okah.

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